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Criminal Procedure Act 2009
24Preliminary brief to be served if charge-sheet filed
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24 Preliminary brief to be served if charge-sheet filed
If a charge-sheet is filed in accordance with section 22(1), the informant must—
S. 24(a) amended by No. 48/2012 s. 11.
(a) serve a preliminary brief on the accused within 21 days after the day on which the charge-sheet is filed; and
(b) on the return date have available a copy of the preliminary brief for provision to the accused or the legal practitioner representing the accused, on request.
1 Section 36 sets out how a preliminary brief must be served.
2 Section 37 sets out the contents of a preliminary brief, including a copy of the charge-sheet.
25 Non-appearance of accused served with notice to appear
(1) If a charge-sheet containing a charge for a summary offence is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may—
(a) issue a warrant to arrest the accused; or
(b) proceed to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or
(c) adjourn the proceeding on any terms that it considers appropriate.
(2) If a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may issue a warrant to arrest the accused.